(a)

Except where herein otherwise stated, the provisions of this article shall be administered by the city manager who shall appoint a building inspector who may be an employee of the city or an independent contractor providing contractual services to the city provided that said individual is properly licensed and certified. The building inspector shall have the power to:

(1)

Issue building permits.

(2)

Grant certificates of occupancy permits.

(3)

Make inspections of buildings and premises necessary to carry out the duties of administration and enforcement of this article.

(4)

Perform such other further functions necessary and proper to enforce and administer the provisions of this article.

(b)

The chief of police (or his designee) is hereby designated as the authorized city official to issue municipal civil infraction citations (directing alleged violators to appear in court) or municipal civil infraction violation notices (directing alleged violators to appear at the city municipal ordinance violations bureau) for alleged violations of this article.

(Ord. No. 96-5, § 1700, 3-5-1996)

(a)

No building, fence, or structure including accessory buildings and structures within the city shall hereafter be erected, moved, repaired, altered or razed, nor shall any work be started to erect, move, repair or raze until a building permit shall have been obtained from the building inspector; nor shall any change be made in the use of any building or land without a certificate of occupancy having been obtained from the building inspector. In those instances where waterfront construction requires federal or state permits, copies of such permits shall be made available to the building inspector when seeking a building permit. The construction of seawalls shall not require a permit other than those required by federal or state agencies.

(b)

The building inspector shall record all nonconforming uses existing at the effective date of adoption for the purpose of carrying out the provisions of section 50-448.

(c)

The building inspector shall require that all applications for building permits for uses not covered by section 50-462 be accompanied by plans and specifications including a plot plan, in duplicate, drawn to scale, showing the following:

(1)

The actual shape, location and dimensions of the lot, drawn to scale.

(2)

The shape, size and location of all buildings or other structures upon it including, in residential areas, the number of dwelling units the building is intended to accommodate.

(3)

Such other information concerning the lot or adjoining lots as may be essential for determining whether the provisions of this article are being observed.

One copy of the plans shall be returned to the applicant by the building inspector after he shall have marked such copy either as approved or disapproved. The second copy shall be retained in the office of the building inspector.

(d)

The following shall apply in the issuance of any permit:

(1)

Permits not to be issued. No building permit shall be issued for the erection alteration or use of any building or structure or part thereof, or for the use of any land, which is not in accordance with all provisions of this article.

(2)

Permits for new use of land. No land heretofore vacant shall hereafter be used or an existing use of land be hereafter changed to a use of a different class or type unless a certificate of occupancy is first obtained for the new or different use.

(3)

Permits for new use of buildings. No buildings or structure, or part thereof, shall be changed to or occupied by a use of a different class or type unless a certificate of occupancy is first obtained for the new or different use.

(4)

Permits required. No building or structure, or part thereof, shall be hereafter erected, altered, moved or required unless a building permit shall have been first issued for such work. The terms "altered" and "repaired" shall include any changes in structural parts, stairways, type of construction, type, class or kind of occupancy, light or ventilation, means of egress and ingress, or other changes affecting or regulated by the city single state construction code, housing law, or this article, except for minor repairs or changes not involving any of the aforesaid features.

(e)

Upon completion of the work authorized by a building permit, the holder thereof shall seek final inspection thereof by notifying the building inspector.

(f)

Building permits shall be effective for the following time periods:

(1)

Residential structures, 12 months.

(2)

Office, commercial and institutional structures, 18 months.

(3)

Industrial structures, 24 months.

(Ord. No. 96-5, § 1701, 3-5-1996; Ord. No. 2000-2, 3-21-2000)

No land, building, structure or part thereof shall be occupied by or for any use for which a building permit is required by this article unless and until a certificate of occupancy shall have been issued for such new use. No land or building shall be occupied or reoccupied, used or changed in use until a certificate of occupancy and compliance shall have been issued by the building inspector stating that the land or building or proposed use of a building or land complies with all the provisions of this chapter. A copy of such certificate of occupancy and compliance shall be conspicuously posted and displayed on the premises used for any purposes other than residential. The following shall apply in the issuance of any certificate:

(1)

Certificates not to be issued. No certificates of occupancy pursuant to the single state construction code shall be issued for any building, structure or part thereof, or for use of any land, which is not in accordance with all the provisions of this article.

(2)

Certificates required. No building or structure or part thereof which is hereafter erected or altered shall be occupied or used or the same caused to be done unless and until a certificate of occupancy shall have been issued for such building or structure.

(3)

Certificates including zoning. Certificates of occupancy as required by the building code for new buildings or structures or parts thereof, or for alterations to or changes of use of existing buildings or structures, shall also constitute certificates of occupancy as required by this article.

(4)

Certificates for existing buildings. Certificates of occupancy will be issued for existing buildings, structures or parts thereof or existing uses of land if, after inspection, it is found that such buildings, structures or parts thereof or such use of land are in conformity with the provisions of this article. It shall hereafter be unlawful for any person to occupy any existing commercial and/or industrial building or premises located within the city which has been vacated by a tenant, lessee or owner unless such persons desiring to reoccupy such building or premises shall first make application for and obtain a certificate of occupancy from the building inspector.

(5)

Temporary certificates. Nothing in this article shall prevent the building inspector from issuing a temporary certificate of occupancy for a portion of a building or structure in process of erection or alteration, provided that such temporary certificate shall not be effective for a period of time in excess of six months or more than five days after the completion of the building ready for occupancy and provided further that such portion of the building, structure or premises is in conformity with the provisions of this article.

(6)

Records of certificate. A record of all certificates issued shall be kept on file in the office of the building inspector, and copies shall be furnished upon request to any person having a proprietary or tenancy interest in the property involved.

(7)

Certificates for dwelling accessory buildings. Buildings accessory to dwellings shall not require separate certificates of occupancy but may be included in the certificate of occupancy for the dwelling when shown on the plot plan and when completed at the time as such dwelling.

(8)

Application for certificate. Application for a certificate of occupancy shall be made in writing to the building inspector on forms furnished by the building department, and such certificate shall be issued if, after final inspection, it is found that the building or structure or part thereof or the use of land is in accordance with the provisions of this chapter. If such certificate is refused for cause, the applicant therefore shall be notified in writing of such refusal and the cause thereof.

(Ord. No. 96-5, § 1702, 3-5-1996)

Fees for zoning change review, site plan review and for projects requiring review under uses permitted subject to special conditions, inspection and the issuance of permits or certificates or copies thereof required or issued under the provisions of this article may be collected by the building inspector in advance of issuance. The amount of such fees shall be established by resolution of the city council and shall cover the cost of inspection and supervision resulting from enforcement of this article.

(Ord. No. 96-5, § 1703, 3-5-1996)

All improvements shown on the site plan shall be completed prior to the issuance of a certificate of occupancy. However, where it would be impractical to delay occupancy prior to the completion of certain improvements, a temporary certificate of occupancy can be issued upon the approval of the building inspector if an adequate guarantee as required in section 50-553 is presented to the city to secure the improvements.

(Ord. No. 96-5, § 1704, 3-5-1996)

State Law reference— Performance guarantee, MCL 125.3505.

(a)

Public notification. All applications for development approval requiring a public hearing shall comply with the Michigan zoning enabling act, Public Act No. 110 of 2006 (MCL 125.3101 et seq.) and the other provisions of this section with regard to public notification.

(b)

Responsibility. When the provisions of this chapter or the Michigan Zoning Enabling Act require that notice be published, the city clerk shall be responsible for preparing the content of the notice, having it published in a newspaper of general circulation in the city and mailed or delivered as provided in this section.

(c)

Content. All mail, personal and newspaper notices for public hearings shall:

(1)

Describe nature of the request: Identify whether the request is for a rezoning, text amendment, special land use, planned unit development, variance, appeal, ordinance interpretation or other purpose.

(2)

Location: Indicate the property that is the subject of the request. The notice shall include a listing of all existing street addresses within the subject property. Street addresses do not need to be created and listed if no such addresses currently exist within the property. If there are no street addresses, other means of identification may be used such as a tax parcel identification number, identifying the nearest cross street, or including a map showing the location of the property. No street addresses must be listed when 11 or more adjacent properties are proposed for rezoning, or when the request is for an ordinance interpretation not involving a specific property.

(3)

When and where the request will be considered: Indicate the date, time and place of the public hearing(s).

(4)

Written comments: Include a statement describing when and where written comments will be received concerning the request. Include a statement that the public may appear at the public hearing in person or by counsel.

(5)

Handicap access: Information concerning how handicap access will be accommodated if the meeting facility is not handicap accessible.

(d)

Personal and mailed notice.

(1)

Generally. When the provisions of this chapter or state law require that personal or mailed notice be provided, notice shall be provided to:

a.

The owners of property for which approval is being considered, and the applicant, if different than the owner of the property.

b.

Except for rezoning requests involving 11 or more adjacent properties or an ordinance interpretation request that does not involve a specific property, to all persons to whom real property is assessed within 300 feet of the boundary of the property subject to the request, regardless of whether the property or occupant is located within the boundaries of the city. If the name of the occupant is not known the term "occupant" may be used in making notification. Notification need not be given to more than one occupant of a structure, except that if a structure contains more than one dwelling unit or spatial area owned or leased by different individuals, partnerships, businesses, or organizations, one occupant of each unit or spatial area shall receive notice. In the case of a single structure containing more than four dwelling units or other distinct spatial areas owned or leased by different individuals, partnerships, businesses or organizations, notice may be given to the manager or owner of the structure who shall be requested to post the notice at the primary entrance to the structure.

c.

All neighborhood organizations, public utility companies, railroads and other persons which have requested to receive notice pursuant to subsection (f) of this section.

d.

Other governmental units or infrastructure agencies within one mile of the property involved in the application.

(2)

Notice by mail/affidavit. Notice shall be deemed mailed by its deposit in the United States mail, first class, properly addressed, postage paid. The clerk shall prepare a list of property owners and registrants to whom notice was mailed, as well as of anyone to whom personal notice was delivered.

(e)

Timing of notice. Unless otherwise provided in the Michigan zoning enabling act, PA 110 of 2006, or this chapter where applicable, notice of a public hearing shall be provided as follows:

(1)

For a public hearing on an application for a rezoning, text amendment, special land use, planned unit development, variance, appeal or ordinance interpretation: not less than 15 days before the date the application will be considered for approval. This means it must be published in a newspaper of general circulation and for those receiving personal notice, received by mail or personal notice, not less than 15 days before the hearing.

(2)

For any other public hearing required by this chapter: 15 days.

(f)

Registration to receive notice by mail.

(1)

Generally. Any neighborhood organization, public utility company, railroad or any other person may register with the clerk to receive written notice of all applications for development approval pursuant to subsection (d) of this section, or written notice of all applications for development approval within the zoning district in which they are located. The clerk shall be responsible for providing this notification. Fees may be assessed for the provision of this notice, as established by the legislative body.

(2)

Requirements. The requesting party must provide the clerk information on an official form to ensure notification can be made. All registered persons must re-register bi-annually (or another period) to continue to receive notification pursuant to this section.

(Ord. No. 96-5, § 1705, 3-5-1996; Ord. No. 2014-05, § 1(1705), 11-4-2014)